Chapter: 338C SMALL CLAIMS TRIBUNAL (FORMS) RULES Gazette Number Version Date. (Cap 338, section 36) Rule: 1 Citation 30/06/1997

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1 Chapter: 338C SMALL CLAIMS TRIBUNAL (FORMS) RULES Gazette Number Version Date (Originally L.N. 77 of 1976) Empowering section 30/06/1997 (Cap 338, section 36) [1 October 1976] Rule: 1 Citation 30/06/1997 These rules may be cited as the Small Claims Tribunal (Forms) Rules. Rule: 2 Forms 30/06/1997 The forms contained in the Schedule shall be used in the tribunal with such variations as the circumstances may require. Schedule: SCHEDULE L.N. 257 of /10/1999 FORM 1 TITLE TO CLAIM: GENERAL FORM Between (a)... Claimant(s) and (b)... Defendant(s) [rule 2] Claim No. of 19. Note: (a) Insert full name and address of each claimant and, in the case of a representative claim, the name and address of each person represented. (b) Insert full name and address of each defendant. (L.N. 14 of 1995) FORM 2 [section 12] FORM OF CLAIM Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 1

2 To the Defendant. The claimant claims the amount of... particulars of the grounds for which and the manner in which it is calculated are set out as follows: (a) 1. The grounds for the claim are:... (b) 2. The amount of claim is calculated as follows: Dated this... day of (c) (Signature of Claimant). Filed this... day of Note: (a) Set out sufficient particulars to inform the defendant of the grounds for the claim. (b) Set out in full the manner in which the amount of claim is calculated and whether it includes any interest or expenses. (c) This claim must be signed by each claimant or person represented before the date of hearing. (L.N. 14 of 1995) To the Defendant. FORM 3 [section 14] NOTICE OF PLACE AND DAY FIXED FOR HEARING Take Notice that this claim has been made by the claimant against you and will be heard at a tribunal to be held at... before.. Adjudicator, on the... day of , at... *a.m./p.m. And Take Notice that if you do not attend at the time and place mentioned, either in person or by a person Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 2

3 authorized by the tribunal to appear on your behalf, the claim may be heard in your absence and such award or order may be made in your absence as the tribunal thinks fit. Dated this... day of (a) This notice and a copy of the claim was served by me on by means of... on the... day of (Signature of recipient of claim (Signature of process server). and notice if obtained). Note: (a) Service shall be effected in accordance with section 14(2) of the Small Claims Tribunal Ordinance. (L.N. 254 of 1988; L.N. 14 of 1995) To The Defendant. FORM 4 [section 14] NOTICE OF NEW PLACE AND NEW DAY FIXED FOR HEARING Take Notice that this claim will be heard at... on the... day of , at... *a.m./p.m. and any previous notice of the place and date of hearing is hereby cancelled. Dated this... day of Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 3

4 (a) This notice was served by me on by means of... on the... day of (Signature of recipient notice (Signature of process server). if obtained). Note: (a) Service shall be effected in accordance with section 14(2) of the Small Claims Tribunal Ordinance. (L.N. 254 of 1988; L.N. 14 of 1995) FORM 5 [section 16] SUMMONS TO WITNESS To (a)... YOU ARE HEREBY SUMMONED to attend at on... the... day of at... o'clock, and so from day to day, until the proceedings are heard, to give evidence in the above claim *and also bring with you and produce the several documents hereunder specified: [Here insert list of documents required to be produced.] In default of your attendance you will be liable for forfeit a fine not exceeding level 2 if there was paid or tendered to you at the time of service of this summons a reasonable sum in respect of your expenses including any loss of salary or wages. Dated this... day of Sum to be paid or tendered to witness $... (b) This summons was served by me on... by means of... on the... day of Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 4

5 (Signature of recipient of summons if obtained). (Signature of process server). * Delete if witness not required to produce documents. Note: (a) Insert name of person to be served. (b) Service to be effected in accordance with the Small Claims Tribunal (General) Rules (Cap 338 sub. leg.). (L.N. 254 of 1988; L.N. 14 of 1995; 28 of 1999 s. 18) FORM 6 [section 18] FORM OF *AWARD/ORDER IT IS ADJUDGED that (a)... obtained against (b)... the following *award/order. Dated this... day of Note: (a) Insert full name of the party in whose favour the award or order is made. (b) Insert full name of the party against whom the award or order is made. For attention of parties: (i)... Adjudicator. An application in Form 8C for review of an award or order must be made to the Adjudicator within 7 days after the date of the award or order. (ii) An application in Form 8D to set aside an award or order must be made to the tribunal within 7 days after the hearing. (iii) An application in Form 9 for leave to appeal against an award or order must be lodged with the Registrar, High Court, within- (A) 7 days after the date on which the written award or order is served on the aggrieved party; or (B) if within that period the aggrieved party applies to the tribunal for the reasons for the award or order, 7 days after the date on which the reasons are served on him. (L.N. 27 of 1978; L.N. 14 of 1995; 25 of 1998 s. 2) FORM 7 [section 27] Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 5

6 To The Court of First Instance. APPLICATION FOR REVIEW BY THE COURT OF FIRST INSTANCE OF TRIBUNAL'S DECISION TO TRANSFER A CLAIM I, (a)..., a party to this claim, pursuant to section 27 of the Small Claims Tribunal Ordinance, do hereby make application for a review of the tribunal's decision made on the... day of to transfer this claim to the *Minor Employment Claims Adjudication Board/Labour Tribunal/Lands Tribunal/District Court/Court of First Instance. (b) Dated this... day of (Signature of Applicant). Note: (a) Insert full name of the party making application. (b) An application for a review of the tribunal's decision to transfer a claim must be made within 7 days of the decision. (L.N. 214 of 1982; 14 of 1986 s. 12; L.N. 14 of 1995; 25 of 1998 s. 2; 28 of 1999 s. 18) To All Parties Interested. FORM 8 [section 27] NOTICE OF REVIEW BY THE COURT OF FIRST INSTANCE ON THE APPLICATION OF A PARTY An Application has been made by (a)... a party to this claim, for a review under section 27 of the Small Claims Tribunal Ordinance of the tribunal's decision made on the... day of to transfer this claim to the *Minor Employment Claims Adjudication Board/Labour Tribunal/Lands Tribunal/District Court/Court of First Instance. Take Notice that the Court of First Instance will review the decision at on the... day of at... *a.m./p.m. Dated this... day of Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 6

7 Registrar, High Court. (b) This notice was served by me on... by means of... on the... day of (Signature of recipient of notice (Signature of process server). if obtained). Note: (a) Insert full name of the party by whom the application has been made. (b) Service shall be effected in the manner prescribed under the Small Claims Tribunal (General) Rules (Cap 338 sub. leg.). (L.N. 214 of 1982; 14 of 1986 s. 12; L.N. 254 of 1988; L.N. 14 of 1995; 25 of 1998 s. 2; 28 of 1999 s. 18) FORM 8A [section 27A(2)(a)] NOTICE OF REVIEW BY AN ADJUDICATOR OF HIS OWN MOTION To All Parties Interested. TAKE NOTICE that in exercise of the powers conferred by section 27A(1) of the Small Claims Tribunal Ordinance,... Adjudicator, will review the *award/order made on the... day of against (a)... *claimant(s)/defendant(s) to this claim. AND TAKE NOTICE that the review will be heard at on the... day of at... *a.m./p.m. Dated this... day of (b) This notice was served by me on... by means of... on the... day of Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 7

8 . (Signature of recipient of notice (Signature of process server). if obtained) Note: (a) Insert full name and address of party against whom award/order was made. (b) Service shall be effected in the manner prescribed under the Small Claims Tribunal (General) Rules. (L.N. 27 of 1978; L.N. 254 of 1988; L.N. 14 of 1995) FORM 8B [section 27A(2)(b)] NOTICE OF REVIEW BY AN ADJUDICATOR ON THE APPLICATION OF A PARTY To All Parties Interested. An Application has been made by (a)..., a party to this claim, for a review under section 27A of the Small Claims Tribunal Ordinance of an *award/order made on the... day of in respect of this claim. TAKE NOTICE that..., Adjudicator will review the *award/order at... on the... day of at... *a.m./p.m. Dated this... day of (b) This notice was served by me on... by means of... on the... day of (Signature of recipient of notice (Signature of process server) if obtained) Note: (a) Insert full name of the party by whom the application has been made. Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 8

9 (b) Service shall be effected in the manner prescribed under the Small Claims Tribunal (General) Rules. (L.N. 27 of 1978; L.N. 254 of 1988; L.N. 14 of 1995) To..., Adjudicator. FORM 8C [section 27A] APPLICATION FOR REVIEW OF AN *AWARD/ORDER BY A PARTY I, (a)..., a party to this claim which was heard and determined before you on the... day of , being dissatisfied with the *award/order made by you in respect of this claim, hereby, pursuant to section 27A(2)(b) of the Small Claims Tribunal Ordinance, make application to you to review the *award/order. (b) Dated this... day of (Signature of Applicant). Note: (a) Insert full name of the party making application (b) An application for a review of an award or order must be made within 7 days after the date of the award or order. (L.N. 27 of 1978; L.N. 14 of 1995) To The Tribunal. FORM 8D [section 32A] APPLICATION TO SET ASIDE AN *AWARD/ORDER I, (a)..., a party to this claim, which was heard and determined by the tribunal in my absence and an *award/order made on the... day of , hereby, pursuant to section 32A of the Small Claims Tribunal Ordinance, make application to set aside the *award/order. Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 9

10 The *reason/reasons for my non-appearance at the hearing *is/are (b) Dated this... day of (Signature of Applicant). Note: (a) Insert full name of the party making application. (b) This application must be made to the tribunal within 7 days after the hearing. (L.N. 27 of 1978; L.N. 14 of 1995) To All Parties Interested. FORM 8E [section 32A] NOTICE OF DAY FIXED FOR HEARING OF AN APPLICATION TO SET ASIDE AN *AWARD/ORDER An Application has been made by (a)..., a party to this claim, to set aside under section 32A of the Small Claims Tribunal Ordinance the *award/order made in the absence of the applicant on the... day of in respect of this claim. The reasons for the non-appearance of the applicant are set out in the Application, a copy of which is annexed hereto. TAKE NOTICE that the Application will be heard at... on the... day of at... *a.m./p.m. Dated this... day of (b) This notice was served by me on... by means of... on the... day of (Signature of recipient of notice (Signature of process server). if obtained). Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 10

11 Note: (a) Insert full name of party by whom the application has been made. (b) Service shall be effected in the manner prescribed under the Small Claims Tribunal (General) Rules. (L.N. 27 of 1978; L.N. 254 of 1988; L.N. 14 of 1995) To The Court of First Instance. FORM 9 [section 28] APPLICATION FOR LEAVE TO APPEAL ON POINT OF LAW I, (a)..., a party to this claim, pursuant to section 28 of the Small Claims Tribunal Ordinance do hereby apply for leave to appeal against the *award/order by..., Adjudicator, made in respect of this claim on the... day of The grounds on which I desire to appeal are that- *the *award/order is erroneous in point of law in that-(b) *the *award/order is outside the jurisdiction of the tribunal in that-(c) Dated this... day of (d) Lodged this... day of (Signature of Applicant). Registrar, High Court. Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 11

12 Note: (a) Insert full name of the party making the application for leave to appeal. (b) Set out the point of law in question. (c) Set out the reasons. (d) This application must be lodged with the Registrar, High Court, within- (i) 7 days after the date on which the written award or order is served on the party making this application; or (ii) if within that period the party applies to the tribunal for the award or order, 7 days after the date on which the reasons are served on him. (L.N. 27 of 1978; L.N. 214 of 1982; L.N. 14 of 1995; 25 of 1998 s. 2) To (the applicant). FORM 10 [(General) rule 8] NOTICE OF DAY FIXED FOR HEARING OF AN APPLICATION FOR LEAVE TO APPEAL Take Notice that your application dated for leave to appeal against the *award/order of., Adjudicator, made on the... day of in respect of this claim will be heard at... on the... day of at... Dated this... day of Registrar, High Court. (a) This notice was served by me on... by means of... on the... day of (Signature of recipient of notice (Signature of process server) if obtained) Note: (a) Service to effected in accordance with the Small Claims Tribunal (General) Rules. (L.N. 254 of 1988; L.N. 14 of 1995; 25 of 1998 s. 2) Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 12

13 FORM 11 [(General) rule 9(1)(c)] NOTICE OF DAY FIXED FOR HEARING OF AN APPEAL In the Court of First Instance To All Parties Interested. Take Notice that leave to appeal against the *award/order of......, Adjudicator, made on the... day of in respect of this claim has been granted. The grounds of appeal are set out in the application for leave to appeal, a copy of which is annexed hereto. And Take Notice that this appeal will be heard at... on the... day of at... Dated this... day of Registrar, High Court. (a) This notice was served by me on... by means of... on the... day of (Signature of recipient of notice (Signature of process server) if obtained) Note: (a) Service to be effected in accordance with the Small Claims Tribunal (General) Rules. (L.N. 214 of 1982; L.N. 254 of 1988; L.N. 14 of 1995; 25 of 1998 s. 2) Cap 338C - SMALL CLAIMS TRIBUNAL (FORMS) RULES 13